“Today’s ruling by a federal judge, invalidating Texas’ ban on same-sex marriage, is a troubling display of judicial activism. Our Constitution leaves it to the States to define marriage, and unelected judges should not be substituting their own policy views for the reasoned judgments of the citizens of Texas, who adopted our marriage law directly by referendum. The court’s decision undermines the institution of marriage, and I applaud Attorney General Abbott’s decision to appeal this ruling to the Fifth Circuit Court of Appeals.”

Judicial activism. It’s amazing how a judge following our First Amendment is somehow being an “activist.”

Then I love how he goes off on “unelected judges … substituting their own policy.”

Well, our Supreme Court judges aren’t elected either. Does he think that they shouldn’t have power? In fact, our Constitution sets up a judicial system for the very reason we’re seeing here with these overturns of bans on same-sex marriage. So that if laws violate the Constitutional rights of certain Americans, there’s a process by which those citizens can oppose the infringement of those rights.

Simply saying, “federal judges aren’t elected” – implying that they shouldn’t have any impact on the legality of laws – is just stupid. The point of a judge is to be impartial and rule on these laws to determine whether or not they’re legal.

Cruz, and other conservatives like him, are just upset that once again their ignorance is failing in the face of those who rule based on our Constitution.

Those like Cruz who always use “states’ rights” for their arguments fail to grasp one of the main rules states must following when exercising their “rights.” States cannot pass laws which violation the Constitutional rights of their citizens.

Period.

Just because a state passes a law, doesn’t mean that law is legal in the eyes of our Constitution. Let’s not forget that slavery, denying women the right to vote, segregation and bans on interracial marriage were once deemed “legal” because of “states’ rights.”

This is a simple fact Senator Cruz seems incapable of understanding.

Once again we have another “small government conservative” standing on his pulpit advocating for massive government reach into the private lives of Americans. They’re absolute hypocrites. Individuals like Cruz talk about “freedom” and “Constitutional values” yet don’t seem to understand either. And they’re continuing to fight against something that they stand absolutely no chance at defeating.

Because it’s clear now that the question isn’t if same-sex marriage will be legal in every state in the United States – but when.

And when that day comes, that’s when “Constitutional values” will have won.

Allen Clifton is a native Texan who now lives in the Austin area. He has a degree in Political Science from Sam Houston State University. Allen is a co-founder of Forward Progressives and creator of the popular Right Off A Cliff column and Facebook page. Be sure to follow Allen on Twitter and Facebook, and subscribe to his channel on YouTube as well.